president never asked congress to declare war on the government or the state in the area where these drones hogan and we know his new secretary of defense is in favor of fewer troops on the ground and his new head of the cia like this drone program. we have a president who has not hesitated to kill foreign innocent children or american innocent children when they are in a foreign country. he loses great credibility when he stands with innocent american children and says i am going to keep you safe. charles: what do you think? >> i don't think the president's intentions were to kill children. stuart: charles: we know that is not his intention but if you got out this haphazardly and drop bombs indiscriminately out of a sky that is what happens. you hear some guy in a cafe and a crowded city so are other people around him. >> in any war there is collateral damage and in this case it is terrible innocent people -- judge napolitano: this is not a war. pakistan is an ally. we haven't declared war on pakistan. we have attempted surgically to remove people from a jurisdiction where we are friendly with t